Mark E. McKinnon Mark.McKinnon@dentons.com

D 703.336.8708

Dentons US LLP

1676 International Drive • Penthouse McLean, VA 22102

Unit ed States

T 703.336.8800

F 703.336.8750 Salans FMC SNR Denton
McKenna Long

dentons.com

December 7 , 2015

U.S. Department of Transportation
Docket Management System
1200 New Jersey Ave., SE
Washington DC 20590

Re: Petition of University of South Alabama for Grant of Exemption Pursuant to

Section 333 of the FAA Modernization and Reform Act of 2012

To Whom it May Concern :

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (Reform Act) and 14 C.F.R. Part 11, University of South Alabama (hereinafter USA) hereby applies for a Grant of Exemption from the Federal Aviation Re gulations (FARs) identified below, to operate small unmanned aerial vehicles ( i.e., small unmanned aircraft systems or UAS) for the purpose of conducting aerial data collection in support of its educational and research ac t ivit i es

. In particular, USA seek s permission to operate the 3D Robotics Iris, 3D Robotics Iris+, 3D Robotics Aero, DJI Phantom I , Phantom II, Phantom I I Vision+, DJI Phantom 3, Yuneec Typhoon Q500+, Typhoon Q500 4K, and the Horizon Hobby Apprentice S15e RTF

. USA respectfully submits that this Petition for Exe mption qualifies for expedited approval, as the Federal Aviation Administration (FAA) has previously issued grants of exemption in circumstances similar in all material respects to those presented herein.

In addition to this Petition for Exemption, USA will also submit the following operating documents under separate cover:

 USA Operations Manual

USA submits this manual as a confidential documents under separate cover pursuant to 14 C.F.R. § 11.35(b), as the manual contains confidential commercial and proprietary information that is not generally made available to the public. As a result, the information is also protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et seq.

For your convenience, this Petition is organized as foll ows:U.S. Department of Transportation

Page 2

T ABLE OF C ONTENTS

Page

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

................................ ................................ .... 3

II. D ESCRIPTION OF P ROPOSED O PERATION

................................ ................................ ............... 4

III. R ELEVANT S TATUTORY A UTHORITY

................................ ................................ .................... 5

IV. USA ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

................................ ................................ ................................ ................. 5

A. Approval is Warranted Based on the UAS's S ize, Weight, Speed, and Operational Capability

................................ ................................ ............................. 5

B. Approval is Warranted Based on the Operational Restrictions in USA ' s Operating Documents

................................ ................................ .............................. 7

V. R EGULATIONS F ROM W HICH E XEMPTION I S S OUGHT

................................ ........................... 7

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

................................ ................................ ................................ ........... 8

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

................................ ................................ .......................... 9

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreational and Sport Pilot Medical Certificate, Privileges and

Limitations

................................ ................................ ................................ ............. 10

D. 91.7(a): Civil Aircraft Airworthiness

................................ ................................ ..... 10

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

................................ ... 11

F. 91.103: Preflight Action

................................ ................................ ......................... 12

G. 91.109(a): Flig ht Instruction

................................ ................................ .................. 12

H. 91.119(c): Minimum Safe Altitudes Over Other Than Congested Areas

.............. 13

I. 91.121: Altimeter Settings

................................ ................................ ..................... 13

J. 91.151(a): Fuel Requirements for Flight in VFR Conditions

................................ 14

VI. D RUG AND A LCOHOL P ROGRAM

................................ ................................ ......................... 15

VII. P UBLIC I NTEREST

................................ ................................ ................................ ................ 15

VIII. P RIVACY

................................ ................................ ................................ ............................. 15

IX. F EDERAL R EGISTER S UMMARY

................................ ................................ ........................... 15U.S. Department of Transportation

Page 3

X. C ONCLUSION

................................ ................................ ................................ ....................... 16

I. B ACKGROUND & D ESCRIPTION OF P ETITIONER

Since its founding in 1963, the University of South Alabama has offered a superb, well

rounded educational experience with high academic standards. USA’s fields of concentration are remarkably diverse, encompassing business, the liberal arts, education, engineering, computing,

the sciences and health care.

USA’s commitment to student success includes small class sizes and hands

- on research

opportun ities in 100 undergraduate, graduate and doctoral degree programs. The undergraduate honors program for highly motivated and accomplished students includes course work and extracurricular activities throughout the four years of a student's undergraduate ca reer.

In health care, USA provides students with an exceptional medical education through the colleges of Medicine, Nursing and Allied Health Professions. At the same time, the USA Health System serves the region with advanced and innovative care through the USA Physicians Group, USA Medical Center, USA Children’s & Women’s Hospital and the USA Mitchell Cancer

Institute.

USA annually enrolls more than 16,000 students and has awarded 80,000 degrees in its

52

- year history. The University’s Mitchell

- Moulto n Scholarship Initiative, a $25

- million matching challenge, is strengthening USA’s commitment to expanding opportunities for current

and future students.

USA is always seeking new and innovative ways to bolster its research programs.

U nmanned aircraft ha ve significant potential, as both a vehicle for and a subject of University research, education, and outreach, to advance this goal. For this reason, USA seeks an exemption to use unmanned aircraft systems for aerial data collection in support of its edu cation, research, and community outreach programs.

In accordance with 14 C.F.R. § 11.81(a), USA provides the following information in support of its Petition for Exemption.

The contact information for Petitioner is as follows:

Kristin Daniels Dukes

As sociate University Attorney

AD 140 307 University Blvd., North Mobile, Alabama 36688

- 0002U.S. Department of Transportation

Page 4

II. D ESCRIPTION OF P ROPOSED O PERATION

USA seeks an exemption pursuant to Section 333 of the Reform Act to use a number of

different unmanned aircraft for aerial data col lection in support of a broad range of education,
research and public outreach programs. By way of example, education, research and public
outreach programs supported by the proposed UAS operations, include, but are not limited to:
aerial surveying and rem ote sensing, wildlife and forestry management, precision agriculture,
environmental/ecological monitoring activities, biological studies, natural resource
conservation/exploration efforts, utility infrastructure inspection and monitoring, climate and

atmos pheric monitoring, geographical mapping applications, photogrammetry, aerial
photography and videography. Aerial data collected by Petitioner's UAS would also be used to
promote and market USA, as well as support student recreational and sport activities.

All of the UAS platforms USA intends to use have already been approved by the FAA in
previously granted exemptions, or otherwise exhibit the same characteristics in terms of their
weight, speed and operational capabilities which meet the requirements of Section 333 of the

Reform Act.

USA is committed to maintaining the highest standards of flight safety and will ensure
that the proposed operations are conducted safely. All UAS operations will be performed in
accordance with the accompanying USA operati ng documents, and in accordance with the
requirements of an applicable COA. Among other things, and as detailed in the operating
documents, all UAS operations will occur in uncontrolled airspace, unless specific authorization
is granted by the FAA or appli cable authorities, within visual line

- of

- sight (VLOS) of the pilot
and visual observer, and will be limited to daytime Visual Flight Rules (VFR) conditions.
Moreover, USA's operating documents incorporate redundant safeguards to enhance safety.

The prop osed operations in this Petition for Exemption are not new or novel to the
FAA. The FAA has previously issued grants of exemption to use small UAS for aerial data
collection in support of similar educational and research activities, including:

• Exemption No. 11304 to Auburn University Aviation Center to conduct training
courses to instruct students in the operation of unmanned aircraft and their associated systems.
(Docket No. FAA

- 2014

- 1014); and

The low

- risk UAS operations proposed by USA in this Petiti on for Exemption fall squarely within the category of aerial data collection that has been subject to previous approval.U.S. Department of Transportation

Page 5

III. R ELEVANT S TATUTORY A UTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

Reform Act. Con gress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit unmanned aircraft systems to operate in th e NAS where it is safe to do so based on the following considerations:

 The UAS's size, weight, speed and operational capability;

 Operation of the UAS in close proximity to airports and populated areas; and

 Operation of the UAS within the visual line of sig ht of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106 (f) (defining the authority of the Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq. ). A party requesting an exemption must explain the reasons why the exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. USA ' S P ROPOSED UAS O PERATIONS M EET THE R EQUIREMENTS OF S ECTION 333 OF

THE R EFORM A CT

USA 's proposed operations in this Petition for Exemption qualify for expedited approval under Section 333 of the Reform Act, as each of the statutory criteria and relevant factors are satisfied and the FAA has previously issued grants of exempt ion in circumstances similar to those presented in this Petition for Exemption.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

The FAA is familiar with and has already determined that these vehicles m eet the requi rements of Section 333 of the Reform Act due to their weight, speed and operational capabilities: 3D Robotics Iris, 3D Robotics Iris+, 3D Robotics Aero, DJI Phantom I , Phantom II

, DJI Phantom II Vision+, DJI Phantom 3 , Yuneec Typhoon Q500+, Typhoon Q500 4K

. See e.g.
,

• 3D Robotics Iris: Exemption No. 11521 to SkyWard IO, Inc.U.S. Department of Transportation

Page 6

• 3D Robotics Iris+: Exemption No. 11273 to AIG PC Global Services, Inc.;

Exemption No. 1141 to Douglas R. Dorrer; and Exemption No. 11204 to Build Imagery, LLC ;

• 3D Robotics Aero : Exemptio n No. 13208 to Aeroworks Productions, LLC ;

• DJI Phantom I: Exemption No. 13315 to Image Engineering Photography ;

• DJI Phantom 2: Exempti on 12018 to Airsight Global LLC ;

• DJI Phantom 2 Vision+: Exemption No. 11224 to NextEra Energy, Inc.; Exemption No. 11230 to Montico, Inc.; Exemption No. 11228 to Steven Zeets ; Exemptio n No. 11218 to Saratoga Aerial Vehicle; and Exemption No. 11215 to

Mike Johnson ;

• DJI Phantom 3: Exemption No. 11783 to Precision Design and Drafting, Inc.; Exemption No. 11788 to Birds Eye Aerial Photography, Inc.; Exemption No.

11696 to Midwest UAV Im agining; Exemption No. 11335A to Voler, Inc.; Exemption No. 11267A to ETAK Systems, Inc.; Exemption No. 11306A to Hawk Aerial, LLC ;

• Yuneec Typhoon Q500+, Exemption No. 13362 to Eagle Eye UAS LLC ;

• Yuneec Typhoon Q500+ 4k, Exemption No. 13217 to Valley Aerial Imaging

LLC

.

The Horizon Hobby Apprentice S15e RTF is similarly suited to the requirements of the Reform Act. It is a fixed wing unmanned aircraft with a weight of three pounds. 1 In addition,

the veh i cle employs a revolutionary Sensor Assisted Flight Envelope (SAFE) system which helps the operator maintain stable flight, as well as assist in take

- off and landing. The UAS also has a number of redundant safety features, such as a low voltage warning to tell the operator to land the aircraft, cont rol surface diagnostic systems, and a "buddy box" for operator training. Moreover, the wings and fuselage are made out of Z

- Foam, greatly reducing the risk of injury or damage from any impact. As a r e sult, the FAA should grant the requested exemption as the Apprentice meets the requirements of the Reform act due to its weight, size, speed, and additional features that enable it to fly safely under the operational conditions and restrictions imposed in the University's UAS Operations Manual.

1 The Apprentice User's Manual can be found at the following link: http://www.horizonhobby.com/pdf/EFL3100

- Manual_EN.pdfU.S. Department of Transportation

Page 7

B. Approval i s Warranted Based on the Operational Restrictions in USA ' s

Operating Documents

The operating documents for the selected UAS contain all the procedures and limitations necessary to safely and successfully perform the proposed operations. To expedite the F AA's safety

assessment of USA ' s proposed UAS operations, USA has tailored its operating documents to comply with the conditions and limitations imposed on similarly situated petitioners seeking to use small

UAS for aerial data collection. See e.g., Grant o f Exemption No. 11761 issued to Dronair Solutions,

Docket No. FAA

- 2015

- 0648. In particular, the operating documents contain systems and procedures to permit USA to comply with the conditions and limitations in the FAA's Grant of Exemption. Id.

V. R EGULATION S F ROM W HICH E XEMPTION I S S OUGHT

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 40101 of the Act, including UAS, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 2

USA seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 45, 61 and 91 for purposes of conducting the requested operations using small UAS, including:

FAR Description

91.9(c); 45.23(b) and
45.27(a) Aircraft Marking and Identification Requirements

91.405(a); 91.407(a)(1);
91.409(a)(1) and (2);
91.417(a) and (b) Maintenance and Inspection Requirements

61.23(a) and (c); 61.113;
61.101(e)(4) and (5); 61.315 Private, Recreational and Sport Pilot Medical Certificate
Privileges and Limitations

91.7(a) Civil Aircraft Airworthiness

91.9(b)(2); 91.203(a) and Carrying Aircraft Flight Manual, Certifica tion and Registration in

2 See 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed
pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).U.S. Department of Transportation

Page 8

(b) the Aircraft

91.103 Preflight Action

91.109(a) Flight Instruction

91.119(c) Minimum Safe Altitudes Over Other than Congested Areas

91.121 Altimeter Settings

91.151(a) Fuel Requirements for Flight in VFR Conditions

Listed below are the specific sections of 14 C.F.R. for which an exemption is sought, and the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 3

A. 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

USA seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircra ft Flight Manual, Marking and Placard Requirements, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft n ear each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, st ates:

3 See 14 C.F.R. § 11.81(e), which r equires a petition for exemption to include:

The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek exemption.U.S. Department of Transportation

Page 9

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In prior grants of exemption under Section 333 of the Reform Act, the FAA determined

tha t exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 4 All UAS flown by USA will bear N

- number mark ings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 5

B. 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

USA seeks an exemption from the maintenance inspection requirements contain ed in 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. 6 An exemption from these regulations is needed because Part 43 and these s ections only apply to aircraft with an airworthiness certificate, which the UAS to be operated under this grant of exemption will not

have.

An equivalent level of safety will be achieved because maintenance and inspections will be performed in accordance with the operating documents and any required manufacturer Safety or Service Bulletins. Further, as required by the operating documents, the Pilot in Command (PIC) will conduct a pre

- flight inspection of the UAS and all associated equipment to account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation of the UAS and no flights will occur unless, and until, all flight critical components of the UAS hav e been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by the operating documents, the PIC

who conducts the functional test fli ght will make an entry in the UAS aircraft records of the flight.

The operating documents also include requirements to follow the UAS manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and

aircraf t components. Moreover, the operating documents also include procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alterations, status of replacement/overhaul component parts, and the total time in service of Petiti oner's UAS. As a

4 FAA Doc ket No. FAA

- 2014

- 0352.

5 See, e.g., FAA Docket No. FAA

- 2014

- 0352, at 14.

6 See, e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter.").U.S. Department of Transportation

Page 10

whole, the maintenance and inspection procedures required by Petitioner's operating documents ensure that an equivalent or higher level of safety will be achieved.

C. 61.23(a) and (c), 61.113, 61.101(e)(4) and (5), 61.315: Private, Recreation al and Sport Pilot Medical Certificate, Privileges and Limitations

USA seeks exemption from these sections, which restricts private, recreational or sport pilot certificate holders from flying aircraft for compensation or hire, and would also require a

Cla ss II Medical Certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hi re. In this case, while the

UAS will not be operated as public aircraft it carries neither passengers nor cargo.

In the Grant of Exemption No. 11062 to Astraeus Aerial 7 , the FAA determined that the unique characteristics of UAS operation outside of contr olled airspace did not warrant the additional cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical Certificate. The fulfillment of the additional requirements for a private pilot to become quali fied as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

More recently, the FAA determined that holders of recreational and sport pilot certificates would also have adequate aeronautical knowledge to pilot a UAS. Accordingly, because these individuals would also be subject to security screening by the Department of Homeland Security (DHS), the FAA determined that holders of recreational and sport pilot certificates would be qualified to serve as the PI C for UAS operations. 8

D. 91.7(a): Civil Aircraft Airworthiness

Inasmuch as there will be no airworthiness certificate issued for the UAS, USA seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in an airworthy

condition to be operated. While Petitioner’s UAS will not have an airworthiness certificate, the FAA has determined that for the purposes of this exemption the pilot may determine the aircraft is in an airworthy condition prior to flight. The operating documents conta in procedures, which allow the PIC to determine whether the aircraft is in a condition safe for flight, and an exemption from § 91.7(a) is therefore warranted.

7 FAA Docket No. FAA

- 2014

- 0352.

8 See Grant of Exemption No. 11213 to Aeryon Labs, Inc. (Docket No. FAA

- 2014

- 0642 at pgs. 8

- 9).U.S. Department of Transportation

Page 11

E. 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 91.203(a) and

(b): Carrying Civ il Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b)(2) and § 91.203(a) and (b) require the operator to carry

airworthiness documents and other aircraft manuals onboard the aircraft.

Pursuant to 14 C.F.R. § 91.9(b)(2):

(b) No person may op erate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual mater ial, markings, and placards, or any

combination thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthine ss certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is le gible to passengers or crew.

Given the small size and configuration of the UAS, it would be impossible to keep airworthiness documents and other aircraft manuals on board the UAS because there is simply no room and the UAS has no cabin or cockpit.

In an F AA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UA S flight manual, registration certificate, and other required documents from the ground control station from which he or she is operating the aircraft. 9 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot ha s access to these key documents during

f light. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS. 10

9 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.

10 See also Exemption No. 11213 to Aeryon Labs, Inc. at pg. 11:

The petition er requested relief from 14 CFR § 91.9(b)(2): Civil aircraft flight manual, marking, and
placard requirements and § 91.203(a) and (b): Civil aircraft: Certifications required. The FAA has {footnote continued}U.S. Department of Transportation

Page 12

F. 91.103: Preflight A ction

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with specific information before each flight, including information contained in the

FAA

- approved Flight Manual on board the aircraft. While the PIC will b e familiar with all information necessary to safely conduct the flight, an exemption is requested to the extent that an

FAA

- approved Flight Manual is required.

Adherence to the requirements in the operating documents will ensure that the UAS is in

an airwo rthy condition prior to flight. The PIC will perform a series of checklists designed to identify any defects or inoperable components, which cover pre

- flight, take

- off, landing and

post

- flight procedures. The PIC will also be required to review weather, fl ight requirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing

areas

— before initiation of flight. Petitioner's operating documents will be kept at the ground

control station and will be accessible to the PIC a t all times while operating the UAS.

G. 91.109(a): Flight Instruction

Petitioner seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned free balloon) that is being

used f or flight instruction unless that aircraft has fully functioning dual controls." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the use of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Given the size and speed of the UAS that Petitioner intends to use, an equivalent level of

safe train ing can still be achieved without dual controls because no pilot or passengers are aboard the UAS, and as required by the operating documents, all persons will be a safe distance away in the event that the UAS experiences any difficulties during flight ins truction. Moreover, all flight training will be conducted in a controlled and sterile environment. As a whole, the procedures provided for in the operating documents ensure that UAS flight instruction can be performed safely.

{continued from previous page}
previously determined that relief from these sections is not necessa ry. See Exemption No. 11062.
Relevant materials may be kept in a location accessible to the PIC in compliance with the regulations.U.S. Department of Transportation

Page 13

H. 91.119(c): Minimum Safe Altitu des Over Other Than Congested Areas

USA requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 11 Section 91.119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the sur face and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c).

An exemption is required because the proposed UAS operations will normally need to occur below 400 feet AGL. Additionally, due to the nature of the proposed operations, the PIC and/or Observers may need to be less than 500 feet away from the UAS. Compared to flight operations with rotorcraft weighing far more than the maximum weights proposed herein, and given the lack of flammable fuel with the UAS, any risk associated with these operations is far less than those that presently exist with conventional aircraft.

An equivalent level of safety will be achieved given the size, weight, and speed of the UAS, as well the controlled location where the o perations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to below 400 feet AGL. As set forth in the operating documents, the UAS will be operated in a controlled environment, and all flights will

occur at a lateral distance of at least 500 feet from nonparticipating persons, unless that person is in a position where he or she is shielded from the UAS and any possible debris resulting from UAS failure. Procedures will be in place to ensure flight operations ca n be safely terminated if a nonparticipating person within 500 feet of the UAS leaves a shielded position. Further, UAS operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller has granted permission an d the PIC has made a safety assessment of the risk of operating closer to those objects, and operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in USA ' s operating documents will

ensure the proposed operations can be conducted without compromising safety to persons or property on the ground.

I. 91.121: Altimeter Settings

To the extent necessary for USA to conduct the proposed operations, Petitioner requests an exemption from 14 C.F.R. § 91.12 1, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure.

11 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without und ue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be

necessary. See e.g ., Grant of Exemption No. 11157 to Slugwear, Inc., dba Likeonatree Aerial at pg. 15 (Docket No.

FAA

- 2014

- 0534 ).U.S. Department of Transportation

Page 14

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. § 91.121 can be achieved in circumstances where: (1) the UAS will be operated 400 feet AGL or below, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the operator at a ground

- based on

- sc reen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS.

The UAS that Petitioner intends to use for performing the proposed operations meet all these operational c haracteristics. Moreover, the operating documents require the PIC to calibrate the aircraft's GPS compass prior to each flight operation. As the FAA has determined in circumstances similar to this Petition for Exemption, Petitioner's UAS and the safety mit igation procedures contained in the operating documents, ensure that an equivalent level of safety will be achieved, and a grant of exemption to the requirements of § 191.121 is therefore appropriate.

J. 91.151(a): Fuel Requirements for Flight in VFR Conditio ns

USA requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in Visual Flight Rules (VFR) conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind and foreca st weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed

–

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

Here , the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required.

T he FAA has previously granted relief from the fuel requirements of § 91.151(a) for flight in daytime VFR conditions in circumstances similar to those presented in this Petition for Exemption. 12 In Exemption No. 11213 to Aeryon Labs, Inc. 13 , the FAA determine d that a requirement prohibiting the PIC from beginning a UAS flight unless (considering wind and forecast weather conditions) there was enough available power for UAS to operate for the intended operational time and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater, would ensure an equivalent level of safety to the fuel requirements of § 91.151(a). 14 Petitioner's operating documents impose this same

12 See e.g., Exemption Nos. 8811, 10808, and 10673.

13 Docket No. FAA

- 2014

- 0642.

14 Exemption No. 11213 at pg. 12.U.S. Department of Transportation

Page 15

requirement and an exemption from § 91.151 (a)'s fuel requirements for flight in VFR conditions is therefore appropriate.

VI. D RUG AND A LCOHOL P ROGRAM

USA has established policies to ensure that no person may participate in UAS flight operations if they are under the influence of alcohol or any drug.

VII. P UBLIC I NTEREST

The public interest will be served by granting USA ' s Petition for Exemption. Congress has established a national policy that favors early integration of UAS into the National Air Space (NAS) in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of

the Reform Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before com pletion of the statutorily required rulemaking.

The proposed UAS operations in this Petition for Exemption significantly improve safety and reduce risk by alleviating the public's exposure to danger associated with traditional aerial

data collection metho ds, namely, full size fixed

- wing aircraft and rotorcraft. The UAS that USA

intends to use are light weight, are battery powered, and create no emissions. Moreover, in the unlikely event that one of Petitioner's UAS crash, there is no fuel to ignite and ex plode. Any accident involving Petitioner's small lightweight UAS will present significantly less danger to the pilot and other individuals on the ground than one involving a full size helicopter.

VIII. P RIVACY

The proposed operations will be conducted in accor dance with applicable federal, state, or local laws regarding privacy. USA will not conduct flight operations over property that it does not own or control without the prior consent and knowledge of the property owner.

IX. F EDERAL R EGISTER S UMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the

F EDERAL R EGISTER , should it be determined that publication is needed:

Petitioner seeks an exemption from the following rules in Title 14 of the Code of Federal Regulations:

45. 23(b); 45.27(a); 61.23(a) and (c); 61.113; 61.101(e)(4) and (5); 61.315; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(b); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the general public and property owners from the substantial hazards associated with using conventional fixed

- wing aircraft or

rotorcraft for aerial data collection.U.S. Department of Transportation

Page 16

X. C ONCLUSION

The proposed operations in this Petition fo r Exemption satisfy the criteria articulated in Section 333 of the Reform Act and the FAA has issued grants of exemption in circumstances similar in all respects to those presented by USA in this Petition for Exemption. In consideration of the foregoing, t his Petition for Exemption provides the FAA with all the necessary justification for granting the requested exemptions allowing USA to operate unmanned aircraft for the purpose of aerial data collection.

We thank you for your prompt consideration of our requested exemptions. Should you have any questions, or if you need additional information to support the requested exemptions, please do not hesitate to contact us

.

Very Truly Yours,

Mark E. McKinnon

Counsel for University of South Alabama

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